Miscellaneous and general

22FF1Application of Act to charitable incorporated organisations

1

This Act applies to charitable incorporated organisations (“CIOs”) as it applies to companies.

2

Accordingly, in this Act—

a

references to a company are to be read as including references to a CIO;

b

references to a director or an officer of a company are to be read as including references to a charity trustee of a CIO; and

c

any reference to the Insolvency Act 1986 is to be read as including a reference to that Act as it applies to CIOs.

3

As they apply in relation to CIOs, the provisions of this Act have effect with the following modifications—

a

in section 2(1), the reference to striking off is to be read as including a reference to dissolution;

b

in section 4(1)(a), the reference to an offence under section 993 of the Companies Act 2006 is to be read as including a reference to an offence under regulation 60 of the Charitable Incorporated Organisations (General) Regulations 2012(fraudulent trading);

F3ba

sections 6(1)(a)(ii) and (3)(d) and 7(2)(b) are to be disregarded;

bb

references in sections 7(4)(a), 8ZB(2) and 15A(3)(b) to a company which has been dissolved without becoming insolvent are to be disregarded;

c

sections 9A to 9E are to be disregarded;

d

references to any of sections 9A to 9E are to be disregarded;

F4da

section 11A is to be disregarded;

e

references to a shadow director are to be disregarded.

F24

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5

In this section “charity trustees” has the meaning given by section 177 of the Charities Act 2011.